News & Publications Results

Title Date
Amendments to Alberta’s Employment Pension Plans Regulation: Deadline Extensions and CBMEP Solvency Moratorium 30.12.14
A Cross Country Update – case summaries 29.12.14
Tell Me No Lies – The New Duty of Honesty in Contractual Performance

There has been a flood of commentary and discussion since the Supreme Court of Canada (“SCC” or the “Court”) decision in Bhasin v. Hrynew, 2014 SCC 71 (“Bhasin”) was issued on November 13th.

10.12.14
Canadian mining companies face lawsuits over foreign activities 10.12.14
Court strikes down Yukon’s Peel watershed land use plan

Toby Kruger, Keith Bergner and John Olynyk discuss the Yukon Supreme Court in which the Court struck down the Yukon government’s Peel watershed regional land use plan because of the government’s failure to follow the process for developing that plan under final agreements (modern treaties) with the Na-Cho Nyak Dun, Tr’ondek Hwech’in and Vuntut Gwichin First Nations. The case marks the first time that a court has been asked to consider the meaning of land-use planning provisions contained in the Umbrella Final Agreement between Canada, Yukon and Yukon First Nations, which forms part of eleven final agreements across Yukon. Among other things, the final agreements provide First Nations with the right to participate in land and resource management decision-making processes for Crown lands, including land use planning processes, in exchange for the release of claims to Aboriginal rights or title to those lands.

Read more here.  

04.12.14
Alberta’s new Employment Pension Plans Act encourages innovation in plan design 01.12.14
Benefit changes inspire class action and other lawsuits

Craig Ferris was interviewed by the National Post about the growing area of pensions and benefits class actions and the elements that make pension rights ideal for class actions. 

26.11.14
User Fee Design by Canadian Municipalities: Considerations Arising from the Case Law

This article provides a detailed review of the existing Canadian case law to highlight key legal, technical, and administrative issues facing municipalities in designing and implementing user fees. The discussion focuses in particular on the principal legal tests for user fees and the application of those tests in specific cases.

26.11.14
Streaming transactions are filling the financing gap and raising confidence in rough mining sector

In this article, Stuart Breen comments on how the use of stream financing is expanding as an innovative financing vehicle for mining companies. 

25.11.14
Discussion of sexual harassment in the workplace and what employers can do to ensure proper polices are in place to address allegations 06.11.14
Lawson Lundell Launches Real Estate Law Blog

Lawson Lundell is pleased to announce the launch of the Real Estate Law Blog.

Our Real Estate Law Blog provides brief commentary on current legal trends and developments affecting the real estate industry. The topics addressed in our Real Estate Law Blog are of interest to commercial real estate developers, real estate and strata agents, investors, landlords and tenants, as well as a variety of industry groups.

05.11.14
After Tsilhqot'in - Aboriginal Issues for Project Proponents North of 60

Ever since the Tsilhqot’in decision was handed down by the Supreme Court of Canada in June, lawyers, journalists, economists and project proponents alike have been assessing the ruling’s impact on the development of natural resource projects in Canada.

This article focuses on the Aboriginal issues that arise in the context of project development in the Yukon, the Northwest Territories and Nunavut.

04.11.14
Contract Law Update: Developments of Note

Each year, Lisa A. Peters reviews judgments dealing with contract law issues focusing on decisions of relevance to commercial lawyers and business leaders. This year she examines topics such as: the standard of review on contract interpretation issues; efficient breach; restrictive covenants; exclusion clauses; the intersection of contract law and conflicts of law; the interaction of entire agreement, arbitration and attornment clauses; and the contractual duties of good faith.

03.11.14
Dragooning Google: How long is the online arm of the law?

On October 27 and 28, the British Columbia Court of Appeal heard the appeal in Equustek Solutions Inc. v. Jack, 2014 BCSC 1063, which will have significant implications for the ability of courts to deal with online wrongdoing, and which raises questions of how to balance a Court’s jurisdiction – and respect for the jurisdiction of other courts – with the worldwide reach of cyberspace, and to what extent foreign non-parties can be compelled to assist the Court when there is no claim against them.

Read more here.

31.10.14
"At Least 10 Things that should keep a Patent Attorney Up at Night", (October, 27, 2014), Oil and Gas iQ, Interview 27.10.14
A View from the West, Cases of Note 24.10.14
A View from the West, Cases of Note 24.10.14
Water Use in BC: Recurrent short-term water use approvals are lawful

In yet another indication of the increasing prominence of water use issues in BC, the Supreme Court of British Columbia recently upheld the practice of the BC Oil and Gas Commission to grant recurrent short-term water approvals for oil and gas activities under the Water Act. In Western Canada Wilderness Committee v British Columbia (Oil and Gas Commission), 2014 BCSC 1919, (a case we first reported on here) the petitioners, Western Canada Wilderness Committee and Sierra Club of British Columbia Foundation, alleged that the Commission’s practice of granting recurrent short-term water use approvals to the same oil and gas companies for the same location was in violation of the Water Act. The Court disagreed, holding that there was nothing illegal about the Commission’s practice of evaluating each successive application for an approval on a fresh basis and according to established criteria.

Read more here.

15.10.14
Do reputations need to be better protected online? 12.10.14
Cross Canada Guide to Human Rights Law in Employment 09.10.14